Massachusetts Upholds Foster Care Policy Affecting Religious Couples

The state of Massachusetts continues to enforce its decision preventing Catholic couples who hold traditional views on marriage and sexuality from fostering children. This stance remains despite a policy change in December that eliminated a controversial gender ideology requirement for caregivers.

Mike and Kitty Burke have long dreamed of becoming parents. After realizing that having a child biologically wasn’t an option for them, they took steps to become foster parents in 2022.

“The Commonwealth’s duplicity is why we want a clear ruling from the courts that protects religious families’ freedom to adopt,” the couple expressed, underscoring their frustration.

Despite completing extensive training, interviews, and a home study, their application was ultimately denied by the Massachusetts Department of Children and Families (DCF).

According to the couple’s legal filings from 2023, the licensing team cited their responses about placing an LGBTQIA-identifying child as the reasoning for the denial. This led to a lawsuit against federal authorities.

At the time of denial, the state’s foster parent policy required caregivers to “promote the physical, mental, and emotional well-being of the child,” which included support for the child’s sexual orientation and gender identity. This policy made no provisions for religious beliefs.

In December, DCF declared a state of emergency, leading to a correction that removed “sexual orientation or gender identity” from the requirements.

The DCF stated that proposed amendments necessitated the foster parent to affirm the child’s sexual orientation or gender identity and verify the child’s personal identity and needs.

When the matter was presented in court, Massachusetts officials contended that the policy change did not impact the Birkses’ case since their application was denied based on rules that were in place prior to the change. They insisted that this denial did not infringe upon constitutional rights and wasn’t anti-religious.

Officials argued that the Burkes failing to meet LGBTQ+ criteria did not inherently prove that the denial was unconstitutional, regardless of its religious implications.

During discovery in the case, the Burkes asserted that their faith was, in fact, the sole reason for the rejection.

“Mike and Kitty were cautiously hopeful that Massachusetts would ultimately remove religious discrimination,” commented Lori Windham, a senior attorney representing the couple, “But that hope was crushed when Massachusetts opted to continue legal action.” She added that the dual stance of the Commonwealth is precisely why they are pursuing a judicial ruling to protect the rights of religious families looking to adopt.

While the Burkes are still open to the idea of adoption and fostering in the future, the state’s past actions have made the process exceedingly challenging for them. Windham mentioned that a decision on the case is anticipated by the fall.